In this myth-busting episode, attorney David Badanes joins host Kevin Rosenquist to tackle the top 10 myths about divorce. From misconceptions about child support and marital property to myths surrounding prenuptial agreements and courtroom outcomes, David provides clear explanations and practical advice. This episode is a must-listen for anyone seeking to understand the realities of divorce and family law.

• 00:00 – Introduction: Kevin introduces the show and the episode’s topic: busting the top 10 myths about divorce.
• 00:44 – Myth #10: Child support in New York ends at 21, not 18.
• 01:36 – Myth #9: Property bought during marriage is usually marital property, even if the deed is in one name.
• 02:58 – Myth #8: Extramarital affairs rarely impact child support or spousal maintenance.
• 04:07 – Myth #7: Trials are rare, and outcomes typically involve compromise.
• 05:45 – Myth #6: Child support is based on gross income, not take-home pay.
• 07:04 – Myth #5: Job loss doesn’t automatically reduce child support; job-search efforts must be proven.
• 09:26 – Myth #4: Weekly child support is not four weeks per month but calculated using a 4.3 multiplier.
• 11:01 – Myth #3: Child support often continues until 21, even if the child is in college.
• 12:19 – Myth #2: Prenuptial agreements are beneficial for anyone with valuable assets, not just the wealthy.
• 13:53 – Myth #1: David emphasizes his office’s commitment to prompt communication.
• 15:14 – Origin of Divorce Myths: Myths stem from TV, friends, and online misinformation.

Divorce Law with Attorney David Badanes provides expert guidance and insights into divorce, child custody, child support, mediation, and estate planning. Hosted by Kevin Rosenquist, the show aims to dispel common misconceptions and help individuals navigate the complexities of family law. With years of experience, David Badanes provides practical advice tailored to the unique challenges faced by his clients.

Episode Summary:

In this episode of Divorce Law with Attorney David Badanes, David and host Kevin Rosenquist discuss the basics of divorce in New York. David explains the key differences between contested and uncontested divorces, how property and spousal maintenance are divided, and factors that influence child custody. They also touch on the importance of legal advice when navigating the divorce process, especially for those with children and significant assets.

Timestamps:

[00:30-00:52] Discussion on whether any reason or grounds are needed for divorce in New York.

[00:52-01:33] Explanation of the change in divorce laws in New York.

[01:33-02:52] Difference between contested and uncontested divorces.

[02:52-03:26] Frequency of uncontested divorces.

[03:26-04:12] Timeline for uncontested vs. contested divorces.

[04:12-05:07] Factors that influence the divorce timeline.

[05:07-06:09] How marital property is divided in New York.

[06:09-07:07] Explanation of spousal maintenance (alimony) and how it’s determined.

[07:07-07:54] Factors considered in child custody cases in New York.

[07:54-08:48] Parental alienation and its effect on custody.

[08:48-09:49] Overview of child support calculations in New York.

[09:49-10:33] Impact of retirement assets and pensions in divorce settlements.

[10:33-11:26] What happens when a client first consults with David and the importance of understanding their goals.

[11:26-12:10] Common misconceptions about divorce from movies and TV.

[12:10-12:53] The importance of working with an attorney versus attempting to handle a divorce on your own.

[12:53-13:50] Final advice for individuals contemplating divorce in New York, including finding the right attorney.

About The Show

Divorce Law with Attorney David Badanes is a podcast that provides expert insights into divorce law in New York. Hosted by Kevin Rosenquist, the show features experienced attorney David Beds, who shares valuable advice on a range of topics, including contested and uncontested divorces, child custody, spousal maintenance, property division, and child support. With a focus on practical legal guidance, the podcast helps listeners navigate the complexities of divorce, offering clear explanations, real-world examples, and tips on finding the right legal representation.

Episode Summary

In this episode of Divorce Law with Attorney David Badanes, host Kevin Rosenquist and experienced attorney David Badanes discuss navigating custody in New York. David explains the critical differences between residential custody and decision-making custody, including terms like joint custody and full custody. He also addresses how judges determine custody, factors influencing decisions, myths surrounding custody (like "moms always get custody"), and the role of parental alienation or false allegations. This episode is a must-listen for parents seeking clarity on custody arrangements and how to ensure agreements serve the best interests of their children over time.

Timestamps

[00:32-02:00] Overview of custody arrangements: Residential custody vs. decision-making custody.

[02:00-05:08] Differences between full custody, joint custody, and shared custody; final decision-making power explained.

[05:08-05:47] Personal anecdote: David shares a story about choosing medical care.

[06:07-07:38] Situations where full custody might be awarded and risks involved when going to trial.

[07:43-09:10] How judges evaluate the "best interests of the child" and factors they consider.

[09:17-10:28] Modifying custody agreements or court orders: When and how changes occur.

[10:33-12:46] The role of a child’s preferences as they grow older; attorneys for children in custody cases.

[12:46-13:30] Debunking the myth: "Moms always get custody."

[13:30-15:16] Parental alienation and false allegations: Their impact on custody decisions.

[15:30-17:23] Ensuring custody agreements remain in the child’s best interest; balancing specificity and flexibility.

About The Show

Divorce Law with Attorney David Badanes is a podcast dedicated to providing expert legal advice and insights on various aspects of family law. Hosted by Kevin Rosenquist, the show features David Beds, an experienced attorney specializing in divorce, child custody, child support, mediation, and more. Through detailed discussions and real-life examples, the podcast helps listeners understand complex legal issues, offering practical guidance for navigating divorce and custody arrangements. The show covers a range of topics, including the different types of custody, how judges determine the best interests of a child, and how custody agreements can evolve over time. Each episode aims to educate and empower parents, ensuring they are informed about their rights and options in family law matters.